Chapter 1301:13-1 General Provisions

(A)
The
cemetery dispute resolution commission, in giving public notice as to the
adoption, amendment, or rescission of any rule required to be adopted under
Chapter 119. of the Revised Code, shall publish a notice, at least once, in the
register of Ohio and in such other publications as the cemetery dispute
resolution commission may determine from time to time. The notice shall appear
at least thirty days prior to the date set for the hearing of the proposed
action on any such rule. The notice shall meet the requirements of division (A)
of section 119.03 of the Revised
Code.

(B)
The public notice shall
specify the date, time and place of the hearing and shall include

(1)
A statement of the intention to consider
adopting, amending or rescinding a rule and the purpose or reason
therefore ;

(2)
A
synopsis of the proposed rule, amendment or rescission or a general statement
as to the subject to which it relates.

(C)
The cemetery dispute resolution commission
may give additional notice of such public hearing as
it deems necessary; however, the giving of such additional notice shall not be
mandatory and the failure to give notice by any means other than as specified
in paragraph (A) of this rule shall
not in any way invalidate any action which may be taken by the cemetery dispute
resolution commission at such hearing.

(A)
Meetings of
the cemetery dispute resolution commission shall be held quarterly. Additional
meetings may be held at the call of the chairman, or the vice-chairman when the
chairman is unavailable, or a majority of the members of the
commission.

(B)
Any person may
ascertain the time and place of all regularly scheduled meetings and the time,
place and purpose of all special meetings of the cemetery dispute resolution
commission by:

(2)
Calling the
following telephone number during normal business hours (614) 466-4100,
or

(3)
Accessing the division of real estate and professional
licensing website.

(C)
Any person may receive notice of all meetings of the
Ohio cemetery dispute resolution commission. The superintendent shall cause a
list to be maintained of all persons who have requested such notification. Any
person wishing to receive notification shall notify the superintendent that
they wish to be included on the mailing list for such notices. Requests
shall:

(1)
Be
given in writing to the address given in paragraph (B)(1) of this rule or by
electronic mail sent to WebReal@com.state.oh.us
or such other address as may from time to time be published on the division's
web site.

(2)
State that the requestor wishes to be notified of all
public meetings of the commission or those at which specific topics stated by
the requestor are to be discussed.

(3)
Indicate if the
requestor wishes to be notified by electronic mail, fax. or printed
notice.

(5)
State if the
requestor is a media representative who wishes to be notified of special
meetings pursuant to division (F) of section
121.22 of the Revised Code. If a
media representative requests notice of special meetings the media
representative shall also provide no more than two telephone numbers at which
they may be reached.

(D)
The
superintendent shall cause a notice to be distributed to all persons on the
mailing list at least five calendar days before each regularly scheduled
meeting of the board. The superintendent shall make all reasonable effort to
provide notice of all special meetings in compliance with division (F) of
section 121.22 of the Revised
Code.

(E)
Fees shall be assessed in conformity with the Ohio
department of commerce public records request policy and division (B) of
section 149.43 of the Revised
Code.

(F)
At the time of the
cemetery dispute resolution commission meeting held during the third quarter of
each year, the cemetery dispute resolution commission shall select from among
its members a chairman, vice-chairman and secretary, each to serve a one-year
term.

(A)
"Cemetery," "interment," "burial right,"
"entombment right," and "columbarium right" shall have the same meanings as in
section 1721.21 of the Revised
Code.

(B)
"Commission" means the
Ohio cemetery dispute resolution commission created by division (A) of section
4767.05 of the Revised
Code.

(C)
"Complainant" means the
person or persons that have filed a complaint.

(D)
"Complaint" means a signed, written
document filed with the division on a form provided by the division regarding
the activity, practice, policy, or procedure of, or regarding an alleged
violation of section 1721.19,
1721.20,
1721.21,
1721.211,
or
4767.02 of the Revised Code, by,
any person operating or maintaining a cemetery registered pursuant to section
4767.03 of the Revised Code,
that adversely affects or may adversely affect the interest of an owner or
family member of the owner of a cemetery lot or burial, entombment, or
columbarium right.

(E)
"Division"
means the division of real estate and professional licensing in the Ohio
department of commerce.

(G)
"Respondent" means the person shown by
the cemetery registration records of the division as being the owner or the
person responsible for the operation and/or maintenance of a cemetery, as
defined in section 1721.21 of the Revised Code,
that is the subject of the complaint.

(H)
"Superintendent" means the superintendent
of the division of real estate and professional licensing in the department of
commerce.